Top Banner
Membership and Breakdown Cover Terms & Conditions Contents: Page Breakdown Cover Terms & Conditions ....................................2-10 General Terms of Club Membership...........................................11 For members with policies commencing or renewing on or after the 1st November 2019
12

Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

Jul 27, 2020

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

Membership and Breakdown Cover

Terms & ConditionsContents: Page

Breakdown Cover Terms & Conditions....................................2-10

General Terms of Club Membership...........................................11

For members with policies commencing or renewing on or after the 1st November 2019

Page 2: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

2

Breakdown CoverTerms and Conditions

Please keep this document in a safe place. Valid for members with policies commencing or renewing on or after the 1st November 2019

What to do if you breakdownIf the vehicle breaks down you must call the 24 hour Rescue Control Centreon:-

Telephone: 0330 999 2505 or 01206 785805where our trained staff will deal with your request quickly.

Calls to 03 numbers cost no more than a national rate call to an 01 or 02 number and when called from any type ofline including mobile, BT or other fixed line, should count towards any inclusive minutes in the same way as 01 and02 calls.

If you are deaf, hard of hearing or speech impaired, please send a text message containing your full name,membership number, vehicle registration and home postcode to 07537 404890.

Please have the following information available when you phone:t your name, membership number and postcodet the phone number (including area code) you are calling fromt the location of the broken down vehicle, including road numbers or names and landmarkst the registration number, make, model and colour

Page 3: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

3

We will provide cover to a vehicle you are driving or to a vehicle owned by you or any member named on the policy schedule whereyou are a passenger, for breakdowns and the costs involved with the breakdown, in accordance with the Terms and Conditions and thelevel of service you purchased.

Cover will apply to breakdowns which occur within the territorial limits and during the period of insurance, providing your cover isfully paid at the time of the breakdown.

All members detailed on the policy schedule must reside at the same address within the territorial limits.

This insurance is written in English and all communications about it will be in English. Unless we have agreed otherwise with you, inwriting, this insurance is governed by English Law.

The level of service you have purchased is detailed on your policy schedule. Details of each level of service are asfollows:

Recovery EXTRAThe following services are only available if you have Recovery EXTRA and have paid the appropriate premium.

Roadside Assistance & RecoveryFollowing a breakdown occurring at least a quarter of a mile from your home address, we will arrange and pay for a recovery operator tospend up to 60 minutes, where appropriate, at the breakdown location to attempt a repair to the vehicle.

If in the opinion of the recovery operator, the vehicle cannot be repaired within 60 minutes at the breakdown location, we will arrange and payfor the vehicle, you and the passengers to be recovered to the nearest suitable garage which is able to repair the vehicle the same workingday.

This benefit is designed to cover small emergency repairs. It will not cover the cost of any parts or materials. Any workwhich is not carried out at the breakdown location is not covered. It is provided under a separate contract between you andthe garage.

If no suitable garage is open at the time or the repair cannot be made the same working day, we will arrange and pay the cost of recoveringthe vehicle, you and the passengers to any one place you choose within the territorial limits. Any recovery must take place at the same time asthe initial call-out.

Home AssistanceFollowing a breakdown occurring at your home address or within a quarter of a mile of your home address, we will arrange and pay for arecovery operator to spend up to 60 minutes, where appropriate, at the breakdown location to attempt a repair to the vehicle. If in the opinionof the recovery operator, the vehicle cannot be repaired within 60 minutes at the breakdown location, we will arrange and pay for the vehicle,you and the passengers to be recovered to the nearest suitable garage which is able to undertake the repair.

Alternative Travel or Emergency Overnight AccommodationIf the vehicle breaks down while it is more than 25 miles from your home address and it cannot be repaired at the breakdown location or atthe nearest suitable garage during the same working day, providing the vehicle is being repaired at the nearest suitable garage, we willreimburse the cost of necessary emergency overnight accommodation or alternative travel arrangements to allow you to continue your originaljourney and collect the vehicle once it has been repaired.The most we will reimburse is £200:t for alternative road or rail travel or car hire (we will not pay any amounts for fuel, oil, insurance or any excess for the hire car); ort for one night’s hotel accommodation for you and the passengers. (The amount we will reimburse will only be for the rooms. We will not

pay any amount for meals or drinks).

Before you arrange alternative travel or accommodation you must call the Rescue Control Centre for their agreement. Wewill only reimburse amounts covered by this insurance if we receive valid invoices and receipts.

GEM Motoring Assist Services

Page 4: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

4

Driver IllnessIf you are unable to continue your journey due to illness or injury we will arrange and pay for an alternative driver to return the vehicle to yourhome address. Alternatively, we will arrange and pay the cost of recovering the vehicle to your home address. A medical certificate will berequired to validate the claim.

Accident, Vandalism or TheftIf your vehicle cannot be driven as a result of damage, which is caused by an accident, vandalism or theft, we will arrange and pay for thevehicle, you and the passengers to be recovered to a local address of your choice within 10 miles of the breakdown.

KeysIf you lock the vehicle keys within the vehicle or they are lost or stolen, we will pay the cost of call-out and mileage charges to recover thevehicle, you and the passengers to the nearest suitable garage or your preferred destination, within 10 miles of the breakdown. All other costsincurred, including any specialist equipment needed to move the vehicle, will be at your expense.

Misfuel AssistIf your vehicle cannot be driven as a result of using the incorrect type of fuel in the fuel tank, we will arrange and pay up to £70 towards thecost of conducting a fuel drain and flush at the roadside. If this is not possible at the time, we will arrange and pay up to £70 towards the costof recovering the vehicle, you and the passengers to the nearest suitable garage or your preferred destination if closer. Any costs above £70 willbe at your expense.

Caravan and Trailer ServiceAny caravan (up to 7 metres/23 feet long, not including the length of the a-frame or hitch) or trailer (up to 3.05 metres/10 feet long includingany load, not including the length of the a-frame or hitch) attached to the broken down vehicle will be recovered with the vehicle, you and thepassengers.

In the event of a breakdown to the caravan or trailer being towed by the vehicle, we will recover it to the nearest suitable garage or yourpreferred destination within 10 miles of the breakdown. Any caravan or trailer must be attached using a standard 50 millimetre (2 inch) towingcoupling.

Toll Authority FeesWe will pay the cost of Toll Authority fees incurred by the recovery operator to access or recover your vehicle.

Message ServiceIf help is arranged by the Rescue Control Centre, we can contact your family or colleagues to let them know.

Recovery RECLAIMIf you have selected to take Recovery RECLAIM, you can call our 24 hour Rescue Control Centre or you can make your own arrangements forassistance to your broken down vehicle. However, you must pay the recovery firm’s costs and expenses yourself and then send us the invoice(s)together with any receipts and a completed claim form in accordance with General Condition 11. We will then reimburse the appropriate costsshown.

The following services are only available if you have Recovery RECLAIM and have paid the appropriate premium.

Roadside Assistance & RecoveryFollowing a breakdown occurring at least a quarter of a mile from your home address, you can reclaim the cost of a recovery operator spendingup to 60 minutes, where appropriate, at the breakdown location to attempt a repair to the vehicle.

If in the opinion of the recovery operator, the vehicle cannot be repaired within 60 minutes at the breakdown location, you can reclaim the costof recovering the vehicle, you and the passengers to the nearest suitable garage which is able to repair the vehicle the same working day.

This benefit is designed to cover small emergency repairs. It will not cover the cost of any parts or materials. Any workwhich is not carried out at the breakdown location is not covered. It is provided under a separate contract between you andthe garage.

If no suitable garage is open at the time or the repair cannot be made the same working day, you can reclaim the cost of recoveringthe vehicle, you and the passengers to any one place you choose within the territorial limits. Any recovery must take place at the sametime as the initial call-out.

Page 5: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

5

Home AssistanceFollowing a breakdown occurring at your home address or within a quarter of a mile of your home address, you can reclaim the cost of arecovery operator spending up to 60 minutes ,where appropriate, at the breakdown location to attempt a repair to the vehicle. If in the opinion of the recovery operator, the vehicle cannot be repaired within 60 minutes at the breakdown location, you can reclaim the costof callout and mileage charges to recover the vehicle, you and the passengers to the nearest suitable garage within 10 miles which is able toundertake the repair.

Alternative Travel or Emergency Overnight AccommodationIf the vehicle breaks down while it is more than 25 miles from your home address, and it cannot be repaired at the breakdown location or atthe nearest suitable garage during the same working day, providing the vehicle is being repaired at the nearest suitable garage, you can reclaimthe cost of necessary emergency overnight accommodation or alternative travel arrangements to allow you to continue your original journeyand collect the vehicle once it has been repaired.The most you can reclaim is £200:t for alternative road or rail travel or car hire (we will not pay any amounts for fuel, oil, insurance or any excess for the hire car); ort for one night’s hotel accommodation for you and the passengers. (The amount you can reclaim will only be for the rooms. We will not

pay any amount for meals or drinks).

Before you arrange alternative travel or accommodation you must call the Rescue Control Centre for their agreement. Youcan only reclaim amounts covered by this insurance once we receive valid invoices and receipts.

Driver IllnessIf you are unable to continue your journey due to illness or injury you can reclaim the cost of an alternative driver to return the vehicle to yourhome address. Alternatively, you can reclaim the cost of recovering the vehicle to your home address. A medical certificate will be required tovalidate the claim.

Accident, Vandalism or TheftIf your vehicle cannot be driven as a result of damage, which is caused by an accident, vandalism or theft, you can reclaim the cost ofrecovering the vehicle, you and the passengers to a local address of your choice within 10 miles of the breakdown.

KeysIf you lock the vehicle keys within the vehicle or they are lost or stolen, you can reclaim the cost of call-out and mileage charges to recover thevehicle, you and the passengers to the nearest suitable garage or your preferred destination within 10 miles of the breakdown. All other costsincurred, including any specialist equipment needed to move the vehicle, will be at your expense.

Misfuel AssistIf your vehicle cannot be driven as a result of using the incorrect type of fuel in the fuel tank, you can reclaim up to £70 towards the cost ofconducting a fuel drain and flush at the roadside. If this is not possible at the time, you can reclaim up to £70 towards the cost of recoveringthe vehicle, you and the passengers to the nearest suitable garage or your preferred destination if closer. Any costs above £70 will be at yourexpense.

Caravan and Trailer ServiceYou can reclaim the cost of recovering any caravan (up to 7 metres/23 feet long, not including the length of the a-frame or hitch) or trailer (upto 3.05 metres/10 feet long including any load, not including the length of the a-frame or hitch) attached to the broken down vehicle. Thecaravan or trailer will be recovered alongside the vehicle, you and the passengers.

In the event of a breakdown to the caravan or trailer being towed by the vehicle, you can reclaim the cost of recovering it to the nearestsuitable garage or your preferred destination within 10 miles of the breakdown. Any caravan or trailer must be attached using a standard 50millimetre (2 inch) towing coupling.

Toll Authority FeesYou can reclaim the cost of Toll Authority fees incurred by the recovery firm to access or recover your vehicle.

Message ServiceIf help is arranged by the Rescue Control Centre, we can contact your family or colleagues to let them know.

A claim form can be obtained:t by calling 01342 825676t online at www.motoringassist.comt by emailing [email protected] by writing to GEM Motoring Assist, Station Road, Forest Row, East Sussex RH18 5EN

Page 6: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

6

Definitions Accident - a collision immediately rendering the vehicle immobileor unsafe to drive.Breakdown – an electrical or mechanical failure or breakage, flatbattery, puncture, lack of fuel to the vehicle which results in you notbeing able to drive the vehicle.Call-out – the deployment of a recovery operator to the vehicle.Home Address – the place where you reside as shown on yourpolicy schedule.Passengers – all non-fare paying persons travelling with thevehicle at the time of the breakdown, up to the legal carryingcapacity of the vehicle.Period of Insurance – the period of time covered by thisinsurance (as shown on the policy schedule).Policy Administrators – GEM Motoring Assist, Station Road,Forest Row, East Sussex RH18 5EN Tel: 01342 825676.Policy Schedule – provides evidence that your insurance is in forceand shows details such as your name, Membership number andperiod of insurance.Recovery Operator – the independent technician we appoint toattend the breakdown.Recovery/Recover/Recovered – the transportation of the vehicleand/or its occupants by the recovery operator.Specialist Equipment – non-standard apparatus or recoveryvehicles which in the opinion of the recovery operator are requiredto safely recover the vehicle. Specialist equipment includes but is notlimited to winching, skates, sliders, dolly wheels, donor wheels anda crane lift.Suitable Garage – any appropriately qualified mechanic or garagewithin the territorial limits which is suitable for the type of repairrequired and where the remedial work undertaken can beevidenced in writing.Territorial Limits – England, Scotland, Wales, Northern Ireland,the Isle of Man and Jersey and Guernsey.Vehicle – any of the following types of vehicle which is beingdriven by you or which you own and are travelling in as apassenger at the time of the breakdown:

t Private cars or motorcyclest Vans with a gross vehicle weight (GVW) up to 2500 kgst Motorhomes/campervans with a GVW up to 3500 kgs which

do not exceed 7 metres/23 feet in length or 2.3 metres/7 feet7 inches in width (including any extra fitments)

We, us, our – Call Assist Limited, Axis Court, North Station Road,Colchester, Essex CO1 1UX and/or DAS Legal Expenses InsuranceCompany Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH.You, your, member – the person named as the member on thepolicy schedule.

General Conditions1 We will only provide the cover described in this insurance if:

t you have met all the terms and conditions;t the information you have given to us and the Policy

Administrators is, as far as you know, correct and complete.(Any payment made under this insurance will be based on theoriginal information given to us and the Policy Administrators).

If you have failed to give us complete and accurate informationor have not met the terms and conditions, this could lead toyour claim being denied or the insurance not being valid.

2 We can usually provide assistance for services which are notcovered under this insurance policy. All costs (including anadministration fee) must be paid for immediately by credit ordebit card.

3 This insurance only applies to you and cannot be transferred toanyone else.

4 Providing it is safe to do so, you must remain with or nearbythe vehicle until help arrives and present photographicidentification if requested.

5 If a claim is made which you or anyone acting on your behalfknows is false, fraudulent or exaggerated, we will not pay theclaim and cover under this insurance will end.

6 You must take all reasonable steps to prevent a breakdown,and your vehicle must not be driven in an unsafe orunroadworthy condition or until repairs recommendedfollowing service have been carried out.

7 You must keep your vehicle properly maintained and servicedin accordance with the manufacturer’s specifications, includingthe maintenance of proper levels of oil and water.

8 Your vehicle must have a valid MOT, be taxed (unless either areexempt), be insured and registered in the UK.

9 You must be able to provide proof of valid motor insurancewhich proves you were legally insured to drive the brokendown vehicle at the time of the claim if this is requested by us.Proof of insurance must be provided within 7 working days.

10 The Policy Administrators reserve the right not to offer renewalof your cover.

11 Any claim against a Recovery RECLAIM policy must be made inwriting to GEM RECLAIM, Call Assist Limited, Axis Court, NorthStation Road, Colchester, Essex CO1 1UX or by email [email protected] within 14 days of the breakdownconcerned and you must supply such information, details anddocumentary evidence as GEM Motoring Assist and/or theunderwriters may reasonably require.

12 Details of your cover may not reach us by the time assistance isrequired. In this unlikely event we will assist you. However,before assistance can be provided we will ask to take a pre-authorisation on a credit or debit card for the estimated cost ofthe assistance. If we receive confirmation that you haveadequate cover the reserved funds will be released. If wereceive confirmation that you do not have adequate cover wewill take payment for any uninsured costs.

13 If a call-out is cancelled by you and a recovery operator hasalready been dispatched, we recommend you to wait forassistance to ensure the vehicle is functioning correctly. If youdo not wait for assistance and the vehicle breaks down againwithin 12 hours, you will be charged for the second and anysubsequent call-outs.

14 Recovery operators comply with laws and regulations limitingthe number of hours they can drive for. Regular breaks and‘changeovers’ may be required when transporting the vehicle.

15 You may be asked to sign documents by the recovery operator

Page 7: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

7

which relates to the service being provided. Whilst you are notrequired to sign documents, failure to do so may result infurther services being denied. Please do not sign anydocuments until you have read and understood the content infull.

16 Any emergency repairs undertaken at the roadside by recoveryoperators cannot be guaranteed and in some cases, will not beattempted. Due to the nature of roadside assistance it is notalways possible for recovery operators to accurately diagnosethe fault with the vehicle or state whether the vehicle is in aroadworthy condition or otherwise safe to drive. Recoveryoperators are not instructed to conduct vehicle healthinspections.

17 The transportation of domestic animals will be at the discretionof the recovery operator. We will endeavour to help arrangealternative transport but you will need to pay for this serviceimmediately by credit or debit card.

18 Regardless of circumstances, we will not be held liable for anycosts incurred if you are unable to make a telephoneconnection to us on any numbers provided. If you are unable tomake a connection on any of the numbers provided, please call01603 327180.

19 In the event you use the service and the claim is subsequentlyfound not to be covered by the policy you have purchased, wereserve the right to reclaim any monies from you in order to payfor the uninsured service.

20 We will not pay for any costs or expenses that are not directlycovered by the terms and conditions. For example, we will notpay for any loss of earnings as a result of a claim.

General ExclusionsYour Insurance does not cover the following:1 The recovery of the vehicle and passengers if repairs can be

carried out at or near the breakdown location within the sameworking day. If vehicle and/or passenger recovery is requiredwe will only recover to one address in respect of any onebreakdown.

2 The cost of any parts, components or materials used to repairthe vehicle.

3 Any costs or expenses for any service, not authorised by theRescue Control Centre prior to being incurred. This exclusiondoes not apply if your service is Recovery RECLAIM,unless you are arranging alternative travel oremergency overnight accommodation.

4 Any costs incurred to attend the vehicle due to faults withelectric windows, sun roofs, broken windows/windscreens orlocks not working which prevent the vehicle from being parkedsecurely, unless the fault occurs during the course of a journeyand your safety is compromised.

5 Assistance following a fire, other than minor electrical firescontained within the engine bay. Extensive damage caused byfire should be reported to your motor insurer.

6 Any recovery charges apart from recovery to the nearestsuitable garage if the vehicle breaks down at your homeaddress or within a quarter of a mile of your home address.

7 Any costs or expenses if the vehicle has been used (from thetime you purchased it) for private hire, public hire, hire, courier,racing, rallying, off-roading, pacemaking or in any contest orspeed trial or any practice of these activities or rigorousreliability testing.

8 The cost of specialist equipment, specialist recovery vehicles, ora recovery further than 10 miles from the scene of thebreakdown if the vehicle is immobilised due to snow, mud,sand, water, ice, or a flood.

9 Any costs or expenses if the vehicle is outside the eligibility asshown in the Definitions.

10 Any cost or expense recoverable under any other insurancepolicy that you may have.

11 Any cost or expense in excess of £70 in respect of incorrect fuelbeing used in your vehicle.

12 Any cost or expense in excess of a 10 mile recovery in respectof an accident, vandalism, theft or you have had your keysstolen or they are lost or they are locked in the vehicle.

13 Any damage or loss to the vehicle or its contents caused by therecovery operator. It is your responsibility to ensure personalpossessions are removed prior to the vehicle being recovered.

14 Nothing in this policy limits our liability for death or personalinjury caused by the negligence of us or our employees or forany liability which may not lawfully be limited or excluded. Thispolicy is not a motor liability insurance policy within themeaning of Part VI of the Road Traffic Act 1988.

15 The repair or recovery of your vehicle at or from the premises ofa motor trader or repairer.

16 Repair and labour costs other than an hour’s labour whereappropriate at the breakdown location.

17 The attendance or recovery of any vehicle being used undertrade plates or which we believe has just been imported orpurchased at auction.

18 Recovery of a broken down vehicle used to assist with acommercial activity. For example, this policy will not pay forvehicles to be transported on behalf of motor traders, motorrepairers, salvage agents or vehicle transportation companies.

19 Any results of war, invasion, act of foreign enemy, hostilities(whether war be declared or not), civil war, riot, rebellion,revolution, military or usurped power.

20 Direct or indirect loss, damage or liability caused by, contributedto or arising from:t ionising radiation or contamination from any radioactive

nuclear fuel, or from any nuclear waste from burning nuclearfuel;

t the radioactive, toxic, explosive or other dangerous property ofany explosive nuclear assembly or nuclear part of thatassembly; or

t pressure waves caused by aircraft and other flying objects; ort the result of an interplanetary coronal mass ejection.

21 Any liability, loss or damage arising directly or indirectly fromacts of terrorism, as defined in the UK Terrorism Act 2000.

22 Anyone named on the policy schedule travelling as a passengerin a vehicle which is not owned by a person named on thepolicy schedule.

Page 8: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

23 Any breakdown which occurred before the policy commenced.24 Vehicles which are broken down at the time of and/or the place

of purchase.25 Costs incurred in addition to a standard call-out and recovery

further than 10 miles where service cannot be undertaken atthe roadside because the vehicle is not carrying a roadworthyspare wheel, aerosol repair kit, appropriate jack or, the lockingmechanisms for the wheels are not immediately available toremove the wheels. This exclusion does not apply tomotorcycles, scooters or vehicles which have run flats, are notequipped to carry spare wheels or the aerosol repair kit cannotrepair the breakdown.

26 The carriage of livestock or vehicles or trailers associated withsuch carriage.

27 Any subsequent call-outs for any symptoms related to a claimwhich has been made within the last 28 days, unless thevehicle has been fully repaired at a suitable garage, declared fitto drive by the recovery operator or is in transit to a pre-bookedappointment at a suitable garage.

28 Any cost that would have been incurred if no claim had arisen.29 A request for service following any intentional or wilful damage

caused by you to the vehicle.30 Any cost or expense incurred as a result of your failure to

comply with requests by us or the recovery operator concerningthe assistance being provided.

31 Breakdowns caused by overloading the vehicle.32 Claims totalling more than £15,000 in any one period of

insurance.33 Any costs or expenses if you already owe us money in respect

of another claim made under this policy.

Statement of Demands and NeedsThis policy meets the demands and needs of persons wishing toensure that they are covered in the event of a breakdown. As withany insurance, it does not cover all situations and you should readthe Terms and Conditions to make sure that it meets your specificneeds.

Cancellation RightsIf we have reason to believe this policy is not being used in thespirit it was designed for or it becomes apparent there is abreakdown in the relationship between us and you, the PolicyAdministrators may cancel the policy by sending 7 days notice toyour home address. In such situations, providing no claim has beenmade, the Policy Administrators will refund the unexpired portion ofyour premium.

You may cancel this insurance without giving a reason, by writing tothe Policy Administrators within the first 14 days of the policy, or (iflater), within 14 days of you receiving the Terms and Conditions andyour policy schedule. This is known as the cooling off period. If youcancel your policy within the 14-day cooling off period and have notused our service, you will be entitled to a full refund of the premiumpaid. If you cancel your policy within the 14-day cooling off periodand have used our service you will not be eligible to a refund.

If you cancel your policy after the 14-day cooling off period you willnot be entitled to a refund or credit.

Please contact the Policy Administrator should you wish to discusscancelling your policy.

Our Promise to YouWe aim to provide a high standard of service. Please telephone us ifyou feel we have not achieved this and we will do our best torectify the problem immediately.

Complaints ProcedureAny complaint you have regarding your claim should be addressedto us at the following address:

Customer Services, Call Assist Limited, Axis Court, North StationRoad, Colchester, Essex CO1 1UX.

Or by telephoning: 01206 771788.

Or by emailing [email protected]

Please include the details of your policy and in particular yourmembership number, to help your enquiry to be dealt with speedily.

We promise to:

t acknowledge your complaint within five working days ofreceiving it;

t have your complaint reviewed by a senior member of staff;t tell you the name of the person managing your complaint

when we send our acknowledgement letter; andt respond to your complaint within 20 working days. If this is

not possible for any reason, we will write to you to let youknow when we will contact you again.

If we have given you our final response and you are still dissatisfied,or more than 8 weeks have passed since we received your originalcomplaint you may be able to ask The Financial OmbudsmanService to review your case. The Financial Ombudsman Service canbe contacted at the following address:

The Financial Ombudsman Service, Exchange Tower, London E14 9SR.

Or by telephoning: 0800 023 4567 (free from landlines) or 0300 123 9 123 (free from some mobile phones).

Website: www.financial-ombudsman.org.uk

Policy Administrator, Insurer and ServiceProvider The policy is administered by GEM Motoring Assist which is atrading name of The Guild of Experienced Motorists, a road safetyassociation founded in 1932. Registered office and correspondenceaddress: Station Road, Forest Row, East Sussex RH18 5EN. GEMMotoring Assist is a trading name of The Guild of ExperiencedMotorists, Financial Services Register number 312480 and isauthorised and regulated by the Financial Conduct Authority (FCA).

8

Page 9: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

The policy is underwritten by DAS Legal Expenses InsuranceCompany Limited. Registered in England and Wales. RegisteredCompany Number: 103274. Registered office address: DAS House,Quay Side, Temple Back, Bristol BS1 6NH. DAS Legal ExpensesInsurance Company Limited, Financial Services Register number202106 is authorised by the Prudential Regulation Authority andregulated by the Financial Conduct Authority and the PrudentialRegulation Authority.

The service is provided by Call Assist Limited. Registered in Englandand Wales. Registered Company Number: 3668383. Registeredoffice address: Axis Court, North Station Road, Colchester, Essex CO11UX. Authorised and Regulated by the Financial Conduct Authority,Financial Services Register number 304838.

Financial Services CompensationScheme We are covered by the Financial Services Compensation Scheme(FSCS). You may be entitled to compensation from the scheme if wecannot meet our obligations. This depends on the type of businessand the circumstances of the claim. For claims against the insurers,90% of the insurance claim is covered, with no upper limit. Forcompulsory classes of insurance, insurance arranging is covered for100% of the claim, without any upper limit.

Further information about the compensation scheme arrangementsis available from the FSCS by telephoning 0800 678 1100 or byvisiting www.fscs.org.uk

Call RecordingTo help us to provide a first class service your calls will be recordedfor training and monitoring purposes.

Your Personal DataThe Policy Administrators (defined in the policy wording as GEMMotoring Assist) collect and maintain personal data in order toadminister this policy. For their Privacy Policy please follow this link -www.motoringassist.com/privacy-policy.

We (defined in the policy wording as Call Assist Ltd) collect andmaintain personal data in order to provide the service detailedwithin this policy wording.

This policy is underwritten by DAS Legal Expenses InsuranceCompany Limited who are part of the DAS group of companies andwho acts as independent Data Controller in its own right. Itspurpose for collecting, using, sharing, transferring and storing yourpersonal data differs from our purposes. For their Privacy Policyplease follow this link - www.das.co.uk/privacy-policy.

Please note that all personal data that is held by the DataControllers is safeguarded with appropriate levels of security and inaccordance with prevailing Data Protection Legislation whichincludes the Data Protection Act 2018, the General Data ProtectionRegulation (EU) 2016/679 (the GDPR) and all other applicable laws,in addition to any successor or replacement legislation relating tothe processing of personal data.

Full Privacy PolicyThe details provided here are only a summary of how we areprocessing your personal data. For our full Privacy Policy pleasefollow this link - www.call-assist.co.uk/privacy-policy.

Enquiries in relation to personal data held by us should be directedto the Data Protection Officer, Call Assist Ltd, Axis Court, NorthStation Road, Colchester, Essex CO1 1UX or by emailing [email protected].

Sharing Your Personal DataWe will only share your personal data in the followingcircumstances:

t it has been authorised by you;t it is with regulatory bodies, including but not limited to the

Financial Conduct Authority (“FCA”), the Isle of Man FinancialServices Authority (“FSA”), and the Financial ServicesCommission (“FSC”);

t it is with fraud prevention and credit reference agencies; t it is required by law;t it is being provided to recovery operators or other suppliers

as required to fulfil our contractual and legal obligations inthis policy wording. In these circumstances, your personaldata will be limited to the minimum ordinarily required forservice provision. Additionally, these suppliers will only beable to use your personal data to provide the specific servicesdescribed in this policy.

Your RightsUnder the terms of Data Protection Legislation, you have a numberof rights in relation to personal data we hold about you:

t the right to ask for a free copy of any personal data we holdabout you;

t the right to ask for correction of any inaccurate personal dataheld;

t object to the use of your personal data for direct marketing;t withdraw any permission you have previously given to us to

process your personal data;t complain to the Information Commissioner’s Office if you are

not satisfied with our use of your personal data;t ask for your personal data to be deleted from our

system/database. Please note that there are times when wewill not be able to delete your data. This may be as a resultof us fulfilling our legal and regulatory obligations, or wherethere is a minimum statutory period of time for which wehave to keep your personal data. If we are unable to fulfil arequest, we will always let you know our reasons.

Should you wish to exercise any of your rights under the DataProtection Legislation, please direct your enquiry to the DataProtection Officer, Call Assist Ltd, Axis Court, North Station Road,Colchester, Essex CO1 1UX; email [email protected].

9

Page 10: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

Station Road, Forest RowEast Sussex, RH18 5EN

T: 01342 825676 E: [email protected]

www.motoringassist.com GEM Motoring Assist is a trading name of The Guild of Experienced Motorists, a road safety

organisation founded in 1932, which is authorised and regulated by the Financial Conduct AuthorityGEM799-10/19 10

Collecting Your Personal DataWe will collect a variety of information about you including yourpersonal data such as your name, address, contact details and dateof birth.

We receive your personal data from GEM Motoring Assist as part ofour business contract with them and from a number of differentsources for example: publicly available sources such as social mediaand networking sites; third party databases available to theinsurance industry; and firms, loss adjustors and/or suppliersappointed in the process of handling a claim.

Using Your Personal DataThe main reason we process your personal data is to manage yourpolicy which may include handling a claim or issuing documentationto you.

We will also use your personal data where we feel there is ajustifiable reason for doing so for example: to collect informationregarding your past policies; carry out research and analysis(including profiling); and record and monitor calls.

Keeping Your Personal DataYour personal data is considered to be an important asset to us, andas such, we make every effort to ensure the necessary measures arein place to prevent unauthorised or inappropriate access, use,modification, disclosure or destruction. Measures we take to keep your data secure include, but are notlimited to:

t making regular backups of files; t protecting file servers and workstations with virus scanning

software;t using a system of passwords so that access to data is

restricted;t allowing only authorised staff into certain computer areas;t using data encryption techniques to code data when in

transit;t ensuring that staff are only given sufficient rights to any

systems to enable them to perform their job function.

Use and Storage of Your Personal DataWe will retain your personal data for a maximum of seven yearsfrom the end of the insurance relationship with Call Assist Ltd, inline with our legal and regulatory requirements. In any situationwhere the retention period is longer, we will inform you of this.

Where possible, we will anonymise or remove your personal datathat is no longer required for the purpose(s) for which it wasobtained.

Your personal data may be transferred to, stored or processedoutside the European Economic Area (EEA) - see our online PrivacyPolicy for full details. We will not transfer your personal data outsidethe EEA unless it is to a country which is considered to haveequivalent data protection laws or where we have taken allreasonable steps to ensure the recipient company has suitablestandards in place to protect it.

Page 11: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

11

General Terms of Club Membership

1. GEM Motoring Assist is an Association (club) governed by membership rules which are available on request.

2. Membership benefits and services, including GEM breakdown cover are only available to members whoseannual Club Membership subscription is fully paid.

3. GEM Motoring Assist reserves the right to refuse membership if the applicant has been disqualified from driving during the previous five years.

4. It is a requirement for members to notify the Chief Executive immediately if they are disqualified from driving for any reason. GEM Motoring Assist reserves the right to cancel membership if a member is disqualified from driving.

5. You may cancel Club Membership at any time. If cancelled within the first 14 days after the membership start date and you have not used our service you will be entitled to a full refund. If cancelled after this date there will be no refund or credit.

6. All named members under each membership must reside at the same address.

7. Annual Club Membership fees must be paid on or before the date of renewal otherwise membership, Membership benefits and services, including breakdown cover, will be automatically cancelled.

8. The terms of membership that apply are those that are current at the time of renewal.

9. Members must notify any change of address immediately.

10. Personal data is held in accordance with the Data Protection Act 2018. You can find our Privacy Policy at www.motoringassist.com/privacy-policy

11. Any questions or complaints in relation to membership should be sent to:

GEM Motoring Assist, Station Road,Forest Row, East Sussex RH18 5ENOr via email to: [email protected]

Page 12: Membership and Breakdown Cover Terms & Conditions and... · Roadside Assistance & Recovery Following a breakdown occurring at least a quarter of a mile from your home address, we

Station Road, Forest RowEast Sussex, RH18 5EN

T: 01342 825676 E: [email protected]

www.motoringassist.com GEM Motoring Assist is a trading name of The Guild of Experienced Motorists, a road safety

organisation founded in 1932, which is authorised and regulated by the Financial Conduct AuthorityGEM799-10/19